14736 Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR PART 52 

[EPA–HQ–OAR–2016–0098; FRL–9943–90– 

OAR] 

Findings of Failure To Submit State 

Implementation Plans Required for 

Attainment of the 2010 1-Hour Primary 

Sulfur Dioxide National Ambient Air 

Quality Standard (NAAQS) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking a final action to 

find that several states have failed to 

submit State Implementation Plans 

(SIPs) to satisfy certain nonattainment 

area planning requirements of the Clean 

Air Act (CAA) for the 2010 1-Hour 

Primary Sulfur Dioxide (SO2) National 

Ambient Air Quality Standard 

(NAAQS). The purpose of the 

development and implementation of 

nonattainment area SIPs is to provide 

for attainment of the NAAQS as 

expeditiously as practicable following 

the designation of an area as 

nonattainment. These findings of failure 

to submit establish certain CAA 

deadlines for the EPA to impose 

sanctions if a state does not submit a SIP 

addressing those requirements and for 

the EPA to promulgate a Federal 

Implementation Plan (FIP) to address 

any outstanding SIP requirements. 

DATES: The effective date of this action 

is April 18, 2016. 

FOR FURTHER INFORMATION CONTACT: 

General questions concerning this 

notice should be addressed to Dr. Larry 

D. Wallace, Office of Air Quality 

Planning and Standards, Air Quality 

Policy Division, Mail Code: C504–2, 109 

TW Alexander Drive, Research Triangle 

Park, NC 27709; by telephone (919) 

541–0906; or by email at wallace.larry@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Notice and Comment Under the 

Administrative Procedure Act (APA) 

Section 553 of the APA, 5 U.S.C. 

553(b)(3)(B), provides that, when an 

agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. The 

EPA has determined that there is good 

cause for making this final agency 

action without prior proposal and 

opportunity for comment because no 

significant EPA judgment is involved in 

making a finding of failure to submit 

SIPs, or elements of SIPs, required by 

the CAA, where states have made no 

submissions, or incomplete 

submissions, to meet the requirement. 

Thus, notice and public procedures are 

unnecessary. The EPA finds that this 

constitutes good cause under 5 U.S.C. 

553(b)(3)(B). 

B. How can I get copies of this document 

and other related information? 

The EPA has established a docket for 

this action under Docket ID No. EPA– 

HQ–OAR–2016–0098 for this action. All 

documents in the docket are listed on 

http://www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

or information whose disclosure is 

restricted by statue. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form through http://

www.regulations.gov. 

C. Where do I go if I have a specific state 

question? 

For questions related to specific states 

mentioned in this notice, please contact 

the appropriate EPA Regional office: 

Regional offices States 

EPA Region I: Dave Conroy, Chief, Air Program Branch, Air Programs Branch, EPA New England, 1 Congress Street, Suite 1100, Boston, MA 02203–2211.New Hampshire. 

EPA Region III: Cristina Fernandez, Associate Director, Office of Air Program Planning, EPA Region III, 1650 

Arch Street, Philadelphia, PA 19103–2187.

Pennsylvania, West Virginia. 

EPA Region IV: R. Scott Davis, Chief, Air Planning Branch, EPA Region IV, Sam Nunn Federal Center, 61 

Forsyth Street, 12th Floor, Atlanta, GA 30303–8960.

Tennessee, Kentucky. 

EPA Region V: John Mooney, Chief, Air Programs Branch, EPA Region V, 77 West Jackson Street, Chicago, 

IL 60604.

Michigan, Ohio. 

EPA Region VI: Guy Donaldson, Chief, Air Planning Section, EPA Region VI, 1445 Ross Avenue, Dallas, TX 

75202–2733.

Louisiana. 

EPA Region VII: Michael Jay, Chief, Air Programs Branch, EPA Region 7, 11201 Renner Blvd., Lenexa, Kansas 66219.Iowa. 

EPA Region VIII: Monica Morales, Chief, Air Program Manager, Air Quality Planning Unit, EPA Region VIII 

Air Program, 1595 Wynkoop St. (8P–AR), Denver, CO 80202–1129.

Montana. 

EPA Region IX: Matt Lakin, Air Planning Office, EPA Region 9, 75 Hawthorne Street, San Francisco, CA 

94105.

Arizona. 

D. How is the preamble organized? 

Table of Contents 

I. General Information 

A. Notice and Comment Under the 

Administrative Procedure Act (APA) 

B. How can I get copies of this document 

and other related information? 

C. Where do I go if I have specific state 

questions? 

D. How is the preamble organized? 

II. Background 

III. Consequences of Findings of Failure To 

Submit 

IV. Findings of Failure To Submit for States 

That Failed To Make a Nonattainment 

Area SIP Submittal 

V. Environmental Justice Considerations 

VI. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Executive Order 13563: 

Improving Regulation and Regulatory 

Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act of 1995 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority and Low-Income Populations 

K. Congressional Review Act (CRA) 

L. Judicial Review 


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Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Rules and Regulations 14737 

1These six states and 14 areas are: Hillsborough 

County, FL; Nassau County, FL; Lake County, OH; 

Muskingum River, OH; Steubenville, OH-WV (OH 

portion); Marion County, IN: Morgan County, IN: 

Vigo County, IN; South West Indiana, IN; 

Rhinelander, WI; Jefferson County, MO; Jackson 

County, MO; Lemont, IL; and, Pekin, IL. 

2There are currently 29 nonattainment areas in 

16 states. However, the sum totals of areas and 

states with complete SIP submittals versus those 

without complete submittals are 30 and 17, 

respectively. The difference in these totals can be 

attributed to the fact that multiple SIP submittals 

are required for the two multi-state SO2

nonattainment areas. For example, the EPA 

received a complete SIP submittal for the OH 

portion of the Steubenville, OH-WV multi-state 

nonattainment area, as noted in footnote #1. 

However, because WV has not made a complete SIP 

submittal for the area, WV is included in this 

findings notice for the Steubenville, OH-WV area. 

The area thus is counted both as an area for which 

a state (OH) made a complete SIP submittal and as 

an area for which a state (WV) still owes a complete 

SIP submittal. 

II. Background 

In June 2010, the EPA promulgated a 

new 1-hour primary SO2 NAAQS of 75 

parts per billion (ppb), which is met 

when the 3-year average of the annual 

99th percentile of 1-hour daily 

maximum concentrations does not 

exceed 75 ppb, as determined in 

accordance with Appendix T of 40 Code 

of Federal Regulations (CFR) part 50. 

See 40 CFR 50.17(a)–(b). On August 5, 

2013, the EPA, as part of a first round 

of area designations, initially designated 

29 areas in 16 states as nonattainment 

for the 2010 SO2 NAAQS. 78 FR 47191, 

codified at 40 CFR part 81, subpart C. 

These initial area designations had an 

effective date of October 4, 2013. 

Areas designated nonattainment for 

the SO2 NAAQS are subject to the 

general nonattainment area planning 

requirements of CAA section 172 and to 

the SO2-specific planning requirements 

of subpart 5 of part D of Title I of the 

CAA (sections 191 and 192). All 

components of the SO2 part D 

nonattainment area SIP, including the 

emissions inventory, attainment 

demonstration, reasonably available 

control measures (RACM) and 

reasonably available control technology 

(RACT), reasonable further progress 

(RFP) plan, and contingency measures, 

are due to the EPA within 18 months of 

the effective date of designation of an 

area under CAA section 191. Thus, the 

nonattainment area SIPs for areas 

designated as of October 4, 2013, were 

due on April 4, 2015. These SIPs are 

required to demonstrate that their 

respective areas will attain the NAAQS 

as expeditiously as practicable, but no 

later than 5 years from the effective date 

of designation, or October 4, 2018. 

III. Consequences of Findings of Failure 

To Submit 

If the EPA finds that a state has failed 

to make the required SIP submittal or 

that a submitted SIP is incomplete, then 

CAA section 179(a) establishes specific 

consequences, including the imposition 

of mandatory sanctions for the affected 

area. Additionally, such a finding also 

triggers an obligation under CAA 

section 110(c) for the EPA to promulgate 

a FIP no later than 2 years from the 

finding of failure to submit, if the 

affected state has not submitted, and the 

EPA has not approved, the required SIP 

submittal. The statutory attainment date 

of October 4, 2018, applies to all areas 

designated nonattainment effective as of 

October 4, 2013, and not otherwise 

redesignated to attainment, regardless of 

the status of the SIP or FIP that applies 

to that area. 

If the EPA has not affirmatively 

determined that a state has made the 

required complete SIP submittal for an 

area within 18 months of the effective 

date of this rulemaking, then, pursuant 

to CAA section 179(a) and (b) and 40 

CFR 52.31, the offset sanction identified 

in CAA section 179(b)(2) will apply in 

the affected nonattainment area. If the 

EPA has not affirmatively determined 

that the state has made a complete 

submission within 6 months after the 

offset sanction is imposed, then the 

highway funding sanction will apply in 

the affected nonattainment area, in 

accordance with CAA section 179(b)(1) 

and 40 CFR 52.31. The sanctions will 

not take effect, if, within 18 months 

after the date of these findings, the EPA 

finds that the affected state has made a 

complete SIP submittal addressing the 

deficiency for which the finding was 

made. Additionally, if the state makes 

the required SIP submittal and the EPA 

takes final action to approve the 

submittal within 2 years of the effective 

date of these findings, the EPA is not 

required to promulgate a FIP for the 

affected nonattainment area, pursuant to 

CAA section 179(a) and 40 CFR 52.31. 

IV. Findings of Failure To Submit for 

States That Failed To Make a 

Nonattainment Area SIP Submittal 

As of the date of signature of this 

action, six states have made complete 

SIP submittals for 14 SO2 nonattainment 

areas designated effective on October 4, 

2013.1 In this action, the EPA is making 

a finding of failure to submit SO2

nonattainment area SIP submittals for 

16 areas in 11 states.2 The EPA is 

finding that the states and areas listed 

in the table below have failed to submit 

a complete SIP submittal required under 

part D of Title 1 of the CAA. 

The EPA notes that the Billings, 

Montana nonattainment area is listed in 

this findings notice because the state 

has failed to submit a complete SIP for 

the area. However, the EPA has 

proposed both a clean data 

determination and a redesignation of the 

area to attainment in a separate action 

(81 FR 11727, March 7, 2016). Should 

the Billings, Montana nonattainment 

area be redesignated to attainment 

within the timeframes described above, 

the state will not be required to submit 

a nonattainment SIP for the area and no 

sanctions will take effect for the area. 

Likewise, the Campbell-Clermont multistate nonattainment area is listed in this 

findings notice because Ohio and 

Kentucky have failed to submit 

complete SIPs for the area. However, 

both states have submitted 

redesignation requests for their 

respective parts of the CampbellClermont multi-state nonattainment 

area, seeking to have that area 

redesignated as attainment. The EPA 

has not yet acted on these requests. 

Should the EPA propose and then 

finalize redesignation of the area to 

attainment within the timeframes 

described above, neither state will be 

required to submit a nonattainment SIP 

for the area and no sanctions will take 

effect. 

STATES AND SO2 NONATTAINMENT AREAS AFFECTED BY THESE FINDINGS OF FAILURE TO SUBMIT

Regional office State Nonattainment area 

Region I ................................ New Hampshire .................. Central New Hampshire: Hillsborough County (p), Merrimack County (p), Rockingham County (p). 

Region III .............................. Pennsylvania ...................... Allegheny: Allegheny County (p). 

Region III .............................. Pennsylvania ...................... Beaver: Beaver County (p). 

Region III .............................. Pennsylvania ...................... Indiana: Armstrong County (p), Indiana County (p). 

Region III .............................. Pennsylvania ...................... Warren: Warren County (p). 


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14738 Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Rules and Regulations 

STATES AND SO2 NONATTAINMENT AREAS AFFECTED BY THESE FINDINGS OF FAILURE TO SUBMIT—Continued 

Regional office State Nonattainment area 

Region III .............................. West Virginia ...................... Marshall: Marshall County (p). 

Region III .............................. West Virginia ...................... Steubenville (OH-WV): Brooke County, WV (p). 

Region IV ............................. Kentucky ............................. Campbell-Clermont (OH-KY): Campbell County, KY (p). 

Region IV ............................. Kentucky ............................. Jefferson County: Jefferson County (p). 

Region IV ............................. Tennessee .......................... Sullivan County: Sullivan County (p). 

Region V .............................. Michigan ............................. Detroit: Wayne County (p). 

Region V .............................. Ohio .................................... Campbell-Clermont (OH-KY): Clermont County, OH (p). 

Region VI ............................. Louisiana ............................ St. Bernard Parish: St. Bernard Parish. 

Region VII ............................ Iowa .................................... Muscatine: Muscatine County (p). 

Region VIII ........................... Montana ............................. Billings: Yellowstone County (p). 

Region IX ............................. Arizona ............................... Hayden: Gila County (p), Pinal County (p). 

Region IX ............................. Arizona ............................... Miami: Gila County (p). 

Note:Partial counties are indicated in the table above as (p). 

V. Environmental Justice 

Considerations 

The EPA believes that the human 

health or environmental risks addressed 

by this action will not have 

disproportionately high or adverse 

human health or environmental effects 

on minority, low-income, or indigenous 

populations because it does not affect 

the level of protection provided to 

human health or environment under the 

SO2 NAAQS. The purpose of this rule 

is to make findings that the affected 

states named have failed to submit the 

required SIPs to provide for timely 

attainment of the 1-hour primary SO2

NAAQS, which results in certain CAArequired deadlines for actions to 

provide for such attainment. In finding 

that certain states have failed to submit 

a complete SIP that satisfies the 

nonattainment area plan requirements 

under section 172 and subpart 5 of part 

D of Title I of the CAA (sections 191 and 

192) for the 1-hour primary SO2

NAAQS, this action does not directly 

affect the level of protection provided 

for human health or the environment. 

However, it is intended that the 

required actions and deadlines resulting 

from this notice will lead to greater 

protection for U.S. citizens, including 

minority, low-income, or indigenous 

populations, by reducing exposure to 

high ambient concentrations of SO2. 

VI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Executive Order 13563: 

Improving Regulation and Regulatory 

Review 

This action is not a significant 

regulatory action and was, therefore, not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

provisions of the PRA. This final rule 

does not establish any new information 

collection requirement apart from what 

is already required by law. This rule 

relates to the requirement in the CAA 

for states to submit SIPs under section 

172 and subpart 5 of part D of Title I of 

the CAA (sections 191 and 192) which 

address the statutory requirements that 

apply to areas designated as 

nonattainment for the SO2 NAAQS. 

C. Regulatory Flexibility Act (RFA) 

I certify that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities. The rule is a finding that the 

named states have not submitted the 

necessary SIP requirements for 

nonattainment areas to meet the 

requirements of part D, title I of the 

CAA. 

D. Unfunded Mandates Reform Act of 

1995 (UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. This rule finds that several 

states failed to submit a complete SIP 

that satisfies the nonattainment area 

plan requirements under section 172 

and subpart 5 of part D of Title I of the 

CAA (sections 191 and 192) for the 1- 

hour primary SO2 NAAQS. No tribe is 

subject to the requirement to submit an 

implementation plan under section 172 

or under subpart 5 of part D of Title I 

of the CAA. Thus, Executive Order 

13175 does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern health or 

safety risks that the EPA has reason to 

believe may disproportionately affect 

children, per the definition of ‘‘covered 

regulatory action’’ in section 2–202 of 

the Executive Order. This action is not 

subject to Executive Order 13045 

because it is a finding that several states 

have failed to submit a complete SIP 

that satisfies the nonattainment area 

plan requirements under section 172 

and subpart 5 of part D of Title I of the 

CAA for the 1-hour primary SO2

NAAQS and does not directly or 

disproportionately affect children. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 


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Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Rules and Regulations 14739 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income, or indigenous 

populations. In finding that several 

states have failed to submit a complete 

SIP that satisfies the nonattainment area 

plan requirements under section 172 

and subpart 5 of part D of Title I of the 

CAA for the 1-hour primary SO2

NAAQS, this action does not directly 

affect the level of protection provided to 

human health or the environment. The 

results of this evaluation are contained 

in the Section V of this preamble titled 

‘‘Environmental Justice 

Considerations.’’ 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

L. Judicial Review 

Section 307(b)(l) of the CAA indicates 

which federal Courts of Appeal have 

venue for petitions of review of final 

agency actions by the EPA under the 

CAA. This section provides, in part, that 

petitions for review must be filed in the 

United States Court of Appeals for the 

District of Columbia Circuit (i) when the 

agency action consists of ‘‘nationally 

applicable regulations promulgated, or 

final actions taken, by the 

Administrator,’’ or (ii) when such action 

is locally or regionally applicable, if 

‘‘such action is based on a 

determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ 

The EPA has determined that this 

final rule consisting of findings of 

failure to submit certain of the required 

SIP provisions is ‘‘nationally 

applicable’’ within the meaning of 

section 307(b)(1). This final agency 

action affects 16 nonattainment areas 

across the country that are located in 11 

states, eight of the 10 EPA Regional 

offices, and eight different federal 

circuits, and multiple time zones. In 

addition, the rule addresses a common 

core of knowledge and analysis 

involved in formulating the decision 

and a common interpretation of the 

requirements of 40 CFR 51 appendix V 

applied to determining the 

completeness of SIPs in states across the 

country. 

This determination is appropriate 

because in the 1977 CAA Amendments 

that revised CAA section 307(b)(l), 

Congress noted that the Administrator’s 

determination that an action is of 

‘‘nationwide scope or effect’’ would be 

appropriate for any action that has 

‘‘scope or effect beyond a single judicial 

circuit.’’ H.R. Rep. No. 95–294 at 323– 

324, reprinted in 1977 U.S.C.C.A.N. 

1402–03. Here, the scope and effect of 

this action extends to the five judicial 

circuits that include the states across the 

country affected by this action. In these 

circumstances, section 307(b)(1) and its 

legislative history authorize the 

Administrator to find the rule to be of 

‘‘nationwide scope or effect’’ and, thus, 

to indicate that venue for challenges lies 

in the D.C. Circuit. Accordingly, the 

EPA is determining that this rule is of 

nationwide scope or effect. Under 

section 307(b)(1) of the CAA, petitions 

for judicial review of this action must be 

filed in the United States Court of 

Appeals for the District of Columbia 

Circuit within 60 days from the date this 

final action is published in the Federal 

Register. Filing a petition for review by 

the Administrator of this final action 

does not affect the finality of the action 

for the purposes of judicial review nor 

does it extend the time within which a 

petition for judicial review must be filed 

and shall not postpone the effectiveness 

of such rule or action. Thus, any 

petitions for review of this action must 

be filed in the United States Court of 

Appeals for the District of Columbia 

Circuit within 60 days from the date this 

final action is published in the Federal 

Register. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Approval 

and promulgation of implementation 

plans, Administrative practice and 

procedures, Air pollution control, 

Incorporation by reference, 

Intergovernmental relations, and 

Reporting and recordkeeping 

requirements. 

Dated: March 10, 2016. 

Janet G. McCabe, 

Acting Assistant Administrator. 

[FR Doc. 2016–06063 Filed 3–17–16; 8:45 am] 

BILLING CODE 6560–50–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 1852 

NASA Federal Acquisition Regulation 

Supplement 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Technical amendment. 

SUMMARY: NASA is making a technical 

amendment to the NASA Federal 

Acquisition Regulation Supplement 

(NFS) to provide a needed editorial 

change. 

DATES: Effective: March 18, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Manuel Quinones, NASA, Office of 

Procurement, Contract and Grant Policy 

Division, via email at 

manuel.quinones@nasa.gov, or 

telephone (202) 358–2143. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the NFS to correct 

1852.245–70 section heading. 

List of Subjects in 48 CFR Part 1852 

Government procurement. 

Manuel Quinones, 

NASA FAR Supplement Manager. 

Therefore, 48 CFR part 1852 is 

amended as follows: 

PART 1852—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 1. The authority citation for 48 CFR 

part 1852 continues to read as follows: 

Authority: 51 U.S.C. 20113(a) and 48 CFR 

chapter 1. 

1852.245–70 [Amended] 

■ 2. Amend section 1852.245–70 in the 

section heading by removing the word 

‘‘equipment’’ and adding ‘‘property’’ in 

its place. 

[FR Doc. 2016–06114 Filed 3–17–16; 8:45 am] 

BILLING CODE 7510–13–P 


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